Aiming to expedite cases pertaining to spurious and substandard drugs in the state, the Karnataka government with the consent of chief justice of Karnataka High Court has constituted 30 Special Courts in 30 districts. This notification comes in the wake of the powers conferred under Section 36 AB(1)of the Drugs & Cosmetics (Amended) Act, 2008.
Early this year, the Union government had announced its intention to set up Special Courts in Mumbai, Ahmedabad, Chandigarh, Chennai, Hyderabad and Bangalore.
The Karnataka government has set up City Civil and Sessions Court in Bangalore which will comes under the Principal City Civil and Sessions Judge that will oversee cases reported in the Bangalore Metropolitan Areas.
There are 29 District and Sessions Court set up in 29 districts of the state. These include Bangalore Rural, Shimoga, Mysore, Bidar, Chikkaballapur and Bellary, to name only a few.
The notification order: No. HFW 38 IMM 2010 of the Karnataka Government Secretariat has been issued to the under secretary to Government of Karnataka’s health and family welfare department. The order has been sent to all departments including the State drugs control office.
In February this year, Pharmabiz had reported that Karnataka drugs control department had asked the state government to frame the rules for establishment of Special Courts for speedy trial of offences related to adulterated and spurious drugs and for compounding offences as provided in the Drugs & Cosmetics (Amendment) Act 2008.
Under section 36 AB which calls for setting up a special court to undertake the trial of the offence, the central or state government in consultation with the chief justice of the High Court will carry out the examination of the offences related to spurious and adulterated drugs. The clause AB designates one or more courts of session as a special court. Here the High Court of a state in which a court of session will be designated as a special court to try the offences.
Now these designated 30 Special Courts will try the offences coming under manufacture and sale of spurious drugs. The penalty has been enhanced to Rs 10 lakh and 10 years in prison which could lead to also life imprisonment, according to the officials in the Union government.
According to Dr BR Jagashetty, Karnataka drugs controller, this notification will now bring a sense of fear among the spurious drug manufacturers and will also speed up cases of violators.
Now, we are awaiting the notification on compounding offences relating to petty offences which can give powers to assistant drugs controller, deputy drugs controller and inspectors to levy spot fines on offenders. We have submitted the proposal to the government and Law department will now need to frame the rules, informed the Karnataka drugs controller.
